Bus Services Bill (HL Bill 58)

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(a) requirements to make arrangements for—

(i) travel to, within or through particular areas,

(ii) travel at particular times,

(iii) travel on particular local services or particular
5descriptions of local services,

(iv) travel on particular journeys or on particular
descriptions of journey, or

(v) travel by persons of particular descriptions,

(b) requirements to make arrangements entitling persons to make
10a journey, or journeys, involving both travel on one or more
local services and travel by one or more connecting rail or tram
services, and

(c) requirements about the terms and conditions upon which such
travel is made available.

(8) 15A connecting rail or tram service, in relation to an enhanced
partnership scheme, is a service for the carriage of passengers by
railway or by tramway (or by both) which runs between—

(a) a station or stopping place at or in the vicinity of which local
services stop and which serves any part of the area to which the
20scheme relates, and

(b) any other place.

(9) The requirements that may be specified under subsection (4)(j)
include—

(a) requirements about operators making provision for—

(i) 25travel to, within or through particular areas,

(ii) travel at particular times,

(iii) travel on particular local services or particular
descriptions of local services,

(iv) travel on particular journeys or on particular
30descriptions of journey, or

(v) travel by persons of particular descriptions, and

(b) requirements about the terms and conditions upon which such
travel is made available.

(10) The requirements that may be specified in an enhanced partnership
35scheme also include requirements as to operators of local services
establishing and operating arrangements that facilitate the operation of
the scheme.

(11) A requirement imposed by an enhanced partnership scheme has effect
only in relation to so much of a local service as is provided in the area
40to which the scheme relates.

(12) An enhanced partnership scheme may not impose requirements in
relation to the use of vehicles under permits granted under section 22
of the Transport Act 1985.

(13) In this section “multi-operator ticket” means a ticket, or a number of
45tickets purchased in a single transaction, entitling the holder to make a
journey that involves or may involve, or journeys that involve or may
involve, the use of local services provided by more than one operator.

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138D Facilities and measures

(1) The facilities which may be specified in an enhanced partnership
scheme—

(a) must be facilities provided at specific locations along routes
5served, or proposed to be served, by local services within the
area to which the scheme relates, or facilities which are ancillary
to such facilities, but

(b) may not be facilities which are required to be provided as a
result of section 139 or 140.

(2) 10The measures which may be specified in an enhanced partnership
scheme—

(a) must be measures taken for the purpose of—

(i) increasing the use of local services serving the routes to
which the measures relate or ending or reducing a
15decline in the use of such services, or

(ii) improving the quality of local services serving the
routes to which the measures relate, but

(b) may not include the provision of such facilities as are described
in subsection (1)(a) or as are required to be provided as a result
20of section 139 or 140.

(3) The Secretary of State may by regulations make further provision about
the measures which may or may not be specified in an enhanced
partnership scheme.

138E Provision relating to variation or revocation

(1) 25An enhanced partnership scheme may specify cases in which the
scheme may be varied or revoked in accordance with the scheme.

(2) The scheme may provide for variation or revocation in a particular case
to be subject to satisfying such conditions as the scheme specifies.

(3) The cases that may be specified under subsection (1) as regards
30variation include cases where the variations in question consist only of
such descriptions of variation as are specified in the scheme.

(4) The conditions that may be specified under subsection (2) include
conditions prohibiting variation or revocation where a number of
operators of local services disagree to the variation or revocation.

138F 35Preparation, notice and consultation

(1) If a local transport authority or authorities propose to make an
enhanced partnership plan and scheme, they must—

(a) give notice of their intention to prepare a plan and scheme in
such manner as they consider appropriate for bringing it to the
40attention of persons in their area or combined area,

(b) prepare a plan and scheme for consultation,

(c) give notice of the plan and scheme prepared to the persons who
are operators of qualifying local services in the area to which the
plan relates on the relevant day, and

(d) 45give notice of the proposal to make the plan and scheme in such
manner as they consider appropriate for bringing it to the
attention of persons in their area or combined area.

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(2) A notice under subsection (1)(c) must—

(a) contain full details of the plan and scheme prepared,

(b) state the effect of subsection (5), and

(c) state the period within which objections may be made (which
5may not be less than 28 days).

(3) A notice under subsection (1)(d) must—

(a) contain full details of the plan and scheme proposed, or

(b) state where such details may be inspected.

(4) A local transport authority or authorities proposing to make an
10enhanced partnership plan and scheme must—

(a) invite operators of qualifying local services in the area to which
the plan relates to participate in the preparation of the plan and
scheme before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local
15service in the area to which the plan relates while the plan and
scheme are being prepared to participate in that preparation
(including any person who becomes such an operator because
of a change in the area to which the plan relates while the plan
is being prepared).

(5) 20A local transport authority or authorities may not give notice of a
proposal under subsection (1)(d) if, within the period for objections
stated in the notice under subsection (1)(c)—

(a) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
25plan relates object to the plan prepared, or

(b) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
scheme relates object to the scheme prepared.

(6) After giving notice of the proposed plan and scheme under subsection
30(1)(d), the authority or authorities must consult—

(a) all operators of local services who would, in the opinion of the
authority or authorities, be affected by them,

(b) such organisations appearing to the authority or authorities to
be representative of users of local services as they think fit,

(c) 35any other relevant local authority any part of whose area
would, in the opinion of the authority or authorities, be affected
by them,

(d) a traffic commissioner,

(e) the chief officer of police for each police area covering the whole
40or part of the area to which the plan relates,

(f) the Competition and Markets Authority, and

(g) such other persons as the authority or authorities think fit.

(7) For the purpose of subsection (6)(c) the following are relevant local
authorities—

(a) 45local transport authorities,

(b) district councils in England,

(c) London transport authorities, and

(d) councils in Scotland.

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(8) If a local transport authority or authorities propose to make a scheme
or schemes relating to an existing enhanced partnership plan,
subsections (1) to (7) have effect as if—

(a) references to a proposed plan and scheme were references to a
5proposed scheme or schemes, and

(b) subsection (5)(a) were omitted.

(9) If a local transport authority or authorities propose to make two or
more schemes at the same time (whether at the same time as making a
plan or in relation to an existing plan), subsection (5)(b) has effect as if
10references to the scheme were references to one of the schemes in
question.

(10) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local
services for the purposes of this section, and

(b) 15specify what constitutes a sufficient number of persons for the
purposes of subsection (5)(a) or (b).

(11) Regulations under subsection (10)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of
persons as, together, provide at least such proportion of the
20qualifying local services in the area in question as is specified in
the regulations, in addition to being at least such proportion of
the persons providing those services as is specified in the
regulations, and

(b) make provision about determining the proportion of qualifying
25local services provided by an operator, including provision
about the time by reference to which the proportion is to be
determined.

(12) In this section “the relevant day”, in relation to an enhanced
partnership plan or scheme prepared by a local transport authority or
30authorities under subsection (1)(b), means the day before the authority
or authorities send out a notice relating to that plan or scheme in
accordance with subsection (1)(c).

138G Making of plans and schemes

(1) If, after complying with section 138F as regards a proposal to make an
35enhanced partnership plan and scheme, a local authority or authorities
consider it appropriate to make the plan and scheme, they may make
them as proposed or with modifications.

(2) If the authority or authorities intend to make the plan and scheme with
modifications of one or both of them, the authority or authorities must
40give notice of their intention to make the plan and scheme, with
modifications, to the persons who are operators of qualifying local
services in the area to which the plan relates on the relevant day.

(3) A notice under subsection (2) must—

(a) contain full details of the plan and scheme,

(b) 45state the effect of subsection (4), and

(c) state the period within which objections may be made (which
may not be less than 28 days).

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(4) The authority or authorities may not make the plan and scheme with
modifications if, within the period for objections stated in the notice
under subsection (2)—

(a) a sufficient number of the persons who, on the relevant day, are
5operators of qualifying local services in the area to which the
plan relates object to the plan, or

(b) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
scheme relates object to the scheme.

(5) 10Not later than 14 days after the date on which a local transport
authority or authorities make an enhanced partnership plan and
scheme, the authority or authorities must give notice of the making of
the plan and scheme—

(a) in such manner as they consider appropriate for bringing it to
15the attention of persons in their area or combined area,

(b) to all operators of local services who would, in the opinion of
the authority or authorities, be affected by the scheme, and

(c) to a traffic commissioner.

(6) The notice must—

(a) 20contain full details of the plan and scheme or state where such
details may be inspected, and

(b) if the plan or scheme made is a modified version of the plan or
scheme that was proposed, state that it is a modified version.

(7) If the proposal of a local transport authority or authorities is to make a
25scheme or schemes relating to an existing enhanced partnership plan,
subsections (1) to (6) have effect as if—

(a) references to a plan and scheme were references to a scheme or
schemes, and

(b) subsection (4)(a) were omitted.

(8) 30If the proposal of a local transport authority or authorities is to make
two or more schemes at the same time (whether at the same time as
making a plan or in relation to an existing plan), subsection (4)(b) has
effect as if references to the scheme were references to one of the
schemes in question.

(9) 35The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local
services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the
purposes of subsection (4)(a) or (b).

(10) 40Regulations under subsection (9)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of
persons as, together, provide at least such proportion of the
qualifying local services in the area in question as is specified in
the regulations, in addition to being at least such proportion of
45the persons providing those services as is specified in the
regulations, and

(b) make provision about determining the proportion of qualifying
local services provided by an operator, including provision

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about the time by reference to which the proportion is to be
determined.

(11) In this section “the relevant day”, in relation to a plan or scheme that a
local transport authority or authorities intend to make, means the day
5before the authority or authorities send out notices relating to that plan
or scheme in accordance in subsection (2).

138H Content of scheme

(1) If a local transport authority or authorities make a scheme, the scheme
must specify—

(a) 10the requirements imposed under it,

(b) the facilities (if any) to be provided under it by the authority or
authorities,

(c) the measures (if any) to be taken under it by the authority or
authorities,

(d) 15the provision (if any) about variation or revocation of the plan
or scheme,

(e) the date on which it is to come into operation, and

(f) the period for which it is to remain in operation.

(2) The scheme must also specify—

(a) 20if a requirement imposed under the scheme is to have effect as
from a date after the scheme comes into operation, the date as
from which it has effect,

(b) if any facilities are to be provided under the scheme as from a
date after the scheme comes into operation, the date as from
25which they are to be so provided,

(c) if any measures to be taken under the scheme as from a date
after the scheme comes into operation, the date as from which
they are to be so taken,

(d) if a condition under section 138E is to apply as from a date after
30the scheme comes into operation, the date as from which it
applies, and

(e) if a condition under section 138E is to cease to apply as from a
particular date, the date as from which it ceases to apply.

(3) Subject to regulations under section 138P, the scheme may provide
35that—

(a) local services specified in it, or

(b) local services of a class specified in it,

are to be excluded from the scheme.

138I Postponement of scheme or part of scheme

(1) 40If it appears to a local transport authority or authorities that have made
an enhanced partnership scheme appropriate to do so, they may decide
that any of the dates specified in subsection (3) are to be postponed by
such period as they think fit.

(2) A date may not be postponed under subsection (1) by a period or
45periods which in total exceed 12 months.

(3) The dates are—

(a) the date on which the scheme is to come into operation,

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(b) the date as from which any particular requirement is to be
imposed under the scheme,

(c) the date as from which any particular facilities are to be
provided under the scheme,

(d) 5the date as from which any particular measures are to be taken
under the scheme, and

(e) the date as from which any particular condition under section
138E applies.

(4) Before making such a decision they must consult all operators of local
10services who would, in their opinion, be affected by the scheme.

(5) Not later than 14 days after the date on which any such decision is
made, they must give notice of the making of the decision—

(a) in such manner as they consider appropriate for bringing it to
the attention of persons in their area or combined area,

(b) 15to all operators of local services who would, in their opinion, be
affected by the scheme, and

(c) to a traffic commissioner.

(6) The notice must include a statement of their reasons for the decision.

138J Effect of plans and schemes

(1) 20If an enhanced partnership scheme requires a local transport authority
or authorities to provide particular facilities, they must—

(a) provide each of the specified facilities not later than the date
specified for its provision under the scheme (subject to section
138I), and

(b) 25continue to provide it throughout the remainder of the period
for which the scheme is in operation.

(2) Subsection (1) does not apply in relation to any period during which the
authority or authorities are temporarily unable to provide the facilities
because of circumstances beyond their control.

(3) 30Subsection (1) does not apply in the case of the Secretary of State if the
Secretary of State is unable to provide the facilities because of the
variation or revocation of a traffic regulation order.

(4) If an enhanced partnership scheme made by a local transport authority
or authorities requires them to take particular measures, they must—

(a) 35take each of the specified measures not later than the date
specified for taking it under the scheme (subject to section 138I),
and

(b) continue to take those measures throughout the remainder of
the period for which the scheme is in operation.

(5) 40Subsection (4) does not apply in relation to any period during which the
authority or authorities are temporarily unable to take those measures
because of circumstances beyond their control.

(6) Subsection (4) does not apply in the case of the Secretary of State if the
Secretary of State is unable to take the measures because of the
45variation or revocation of a traffic regulation order.

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(7) Subsection (8) applies if the enhanced partnership plan or scheme made
by a local transport authority or authorities makes provision about—

(a) one or more reviews of the plan, or

(b) one or more reviews of the operation of the scheme.

(8) 5The authority or authorities must secure that the review or each
review—

(a) is carried out in the manner specified in the plan or scheme, and

(b) is completed by the date specified in the plan or scheme as the
date for completing that review.

(9) 10If a requirement applies to a local service, the operator of the service
must comply with that requirement.

(10) Subsection (9) does not apply in relation to services which are excluded
from the scheme because of any provision of the scheme made in
accordance with section 138H(3).

138K 15Variation

(1) A local transport authority or authorities to whose area or combined
area, or part of it, an enhanced partnership plan relates may vary the
plan and any related enhanced partnership scheme.

(2) An enhanced partnership plan or scheme may, in particular, be varied
20by changing the area to which the plan or scheme relates so that—

(a) it includes the whole or a part of the area of another local
transport authority, or

(b) it ceases to include any part of the area of a local transport
authority.

(3) 25An enhanced partnership plan or scheme may not be varied unless the
authority or authorities have complied with the requirements in—

(a) section 138L (preparation, notice and consultation), and

(b) section 138M(1) to (5) (making the variation).

(4) An enhanced partnership scheme may not be varied unless the
30authority or authorities are satisfied that the scheme, as varied, will
contribute to the implementation of—

(a) the policies set out in the related enhanced partnership plan (or
those policies as proposed to be varied, if the scheme and the
policies in the plan are being varied at the same time), and

(b) 35their local transport policies.

(5) An enhanced partnership scheme may not be varied unless the
authority or authorities are satisfied that the scheme, as varied, will—

(a) bring benefits to persons using local services in the whole or any
part of the area to which the scheme relates by improving the
40quality or effectiveness of those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(6) The references in subsections (1) and (3) to (5) and sections 138L and
138M to the local transport authority or authorities—

(a) in relation to the variation of an enhanced partnership plan, or

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(b) in relation to the variation of an enhanced partnership scheme,
if the scheme is proposed to be varied at the same time as the
related enhanced partnership plan is proposed to be varied,

include a reference to a local transport authority to no part of whose
5area the plan relates but to whose area or part of it the plan would relate
under a proposed variation.

(7) Nothing in this section prevents an enhanced partnership scheme being
varied, in accordance with the scheme, in such cases as are allowed by
the scheme (see section 138E).

(8) 10Before varying an enhanced partnership plan, a local transport
authority must have regard to the desirability, in appropriate cases, of
varying a plan so as to include in the area to which the plan relates any
part of the area of one or more other local transport authorities.

138L Variation: preparation, notice and consultation

(1) 15If a local transport authority or authorities propose to vary an enhanced
partnership plan or scheme, they must—

(a) give notice of their intention to prepare changes to the plan or
scheme in such manner as they consider appropriate for
bringing it to the attention of persons in their area or combined
20area,

(b) prepare the changes,

(c) give notice of the changes prepared to the persons who are
operators of qualifying local services in the area to which the
plan (or the plan as proposed to be varied) relates on the
25relevant day, and

(d) give notice of the proposal to vary the plan or scheme in such
manner as they consider appropriate for bringing it to the
attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) 30contain full details of the changes prepared,

(b) state the effect of subsection (5), and

(c) state the period within which objections may be made (which
may not be less than 28 days).

(3) A notice under subsection (1)(d) must—

(a) 35contain full details of the changes, or

(b) state where such details may be inspected.

(4) The authority or authorities must—

(a) invite operators of qualifying local services to participate in the
preparation of the changes before starting to prepare them, and

(b) 40invite any person who becomes an operator of a qualifying local
service while the changes are being prepared to participate in
their preparation.

(5) A local transport authority or authorities may not give notice of a
proposal under subsection (1)(d) if, within the period for objections
45given in the notice under subsection (1)(c)—

(a) a sufficient number of the persons who are operators of
qualifying local services in the area to which the plan relates on

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the relevant day object to the changes prepared for the plan (if
changes to a plan are prepared), or

(b) a sufficient number of the persons who are operators of
qualifying local services in the area to which the scheme relates
5on the relevant day object to the changes prepared for the
scheme (if changes to a scheme are prepared).

(6) After giving notice of the proposal under subsection (1)(d), the
authority or authorities must consult the Competition and Markets
Authority.

(7) 10If a local authority or authorities propose to vary two or more enhanced
partnership schemes at the same time, subsection (5)(b) has effect as if
references to the scheme were references to one of the schemes in
question.

(8) The Secretary of State may by regulations—

(a) 15specify the descriptions of local services that are qualifying local
services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the
purposes of subsection (5)(a) or (b).

(9) Regulations under subsection (8)(b) may, in particular—

(a) 20require that changes to a plan or scheme be objected to by such
number of persons as, together, provide at least such proportion
of the qualifying local services in the area in question as is
specified in the regulations, in addition to being at least such
proportion of the persons providing those services as is
25specified in the regulations, and

(b) make provision about determining the proportion of qualifying
local services provided by an operator, including provision
about the time by reference to which the proportion is to be
determined.

(10) 30In this section “the relevant day”, in relation to changes to an enhanced
partnership plan or scheme prepared by a local transport authority or
authorities under subsection (1)(b), means the day before the authority
or authorities send out a notice relating to that plan or scheme in
accordance with subsection (1)(c).

138M 35Variation: making the variation

(1) This section applies if a local transport authority or authorities have
complied with the requirements of section 138L as regards a proposal
to vary an enhanced partnership plan or scheme.

(2) If the authority or authorities consider it appropriate to vary the plan or
40scheme, they may vary the plan or scheme as proposed or with
modifications.

(3) Before varying the plan or scheme, the authorities must give notice of
their intention to vary the plan or scheme, as proposed or with
modifications, to persons who were operators of qualifying local
45services at the qualifying time.

(4) The notice under subsection (3) must—